Local Government Act 2009

This Act may be cited as the Local Government Act 2009.

Amendments 20 and 21 of the Local Government Act 1993 in schedule 1 commence on assent.

The following provisions commence immediately before the repeal of the Local Government Act 1993 under section 289—

section 284;

the remaining amendments of the Local Government Act 1993 in schedule 1;

schedule 2.

Chapter 9, part 1 commences on 1 July 2009.

The remaining provisions of the Act commence on a day to be fixed by proclamation.

The purpose of this Act is to provide for—

the way in which a local government is constituted and the nature and extent of its responsibilities and powers; and

a system of local government in Queensland that is accountable, effective, efficient and sustainable.

Note—The system of local government consists of a number of local governments. See the Constitution of Queensland 2001, section 70 (System of local government).

To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires—

anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and

any action that is taken under this Act to be taken in a way that—

is consistent with the local government principles; and

provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the action.

The local government principles are—

transparent and effective processes, and decision-making in the public interest; and

sustainable development and management of assets and infrastructure, and delivery of effective services; and

democratic representation, social inclusion and meaningful community engagement; and

good governance of, and by, local government; and

ethical and legal behaviour of councillors, local government employees and councillor advisors.

Although the Brisbane City Council is a local government, the City of Brisbane Act 2010, rather than this Act, provides for—

the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and

a system of local government in Brisbane.

Note—See the City of Brisbane Act 2010, section 5.

The dictionary in schedule 4 defines particular words used in this Act.

This part explains—

what a local government is; and

what a local government area is; and

the responsibilities and powers of a local government, its councillors and its employees.

A local government is an elected body that is responsible for the good rule and local government of a part of Queensland.

Note—This is provided for in the Constitution of Queensland 2001, section 71 (Requirements for a local government).

A part of Queensland that is governed by a local government is called a local government area.

Note—The Brisbane City Council is the local government for the City of Brisbane. For the local government area of the Brisbane City Council, see the City of Brisbane Act 2010, section 7.

A local government area may be divided into areas called divisions.

A regulation may—

describe the boundaries of a local government area; or

describe the boundaries of any divisions; or

fix the number of councillors for a local government and any divisions of the local government area; or

name a local government area; or

classify a local government area as a city, town, shire or region.

A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area.

Note—Also, see section 262 (Powers in support of responsibilities) for more information about powers.

However, a local government can only do something that the State can validly do.

When exercising a power, a local government may take account of Aboriginal tradition and Island custom.

A local government may exercise its powers—

inside the local government area; or

outside the local government area (including outside Queensland)—

with the written approval of the Minister; or

as provided in section 10(5).

When a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area.

Subsections (7) and (8) apply if a local government is a component local government for a joint local government.

Despite subsection (1), a local government may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.

However, the local government may exercise the power as a delegate of the joint local government.

A local government may exercise its powers by cooperating with 1 or more other local, State or Commonwealth governments to conduct a joint government activity.

A joint government activity includes providing a service, or operating a facility, that involves the other governments.

The cooperation with another government may take any form, including for example—

entering into an agreement; or

creating a joint local government entity, or joint government entity, to oversee the joint government activity.

A joint government activity may be set up for more than 1 purpose.

Example—Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to 1 of the local governments.

A local government may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.

However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.

Note—See section 29 for more information about making local laws.

A local government—

is a body corporate with perpetual succession; and

has a common seal; and

may sue and be sued in its name.

A councillor must represent the current and future interests of the residents of the local government area.

All councillors of a local government have the same responsibilities, but the mayor has some extra responsibilities.

All councillors have the following responsibilities—

ensuring the local government—

discharges its responsibilities under this Act; and

achieves its corporate plan; and

complies with all laws that apply to local governments;

providing high quality leadership to the local government and the community;

participating in council meetings, policy development, and decision-making, for the benefit of the local government area;

being accountable to the community for the local government’s performance.

The mayor has the following extra responsibilities—

leading and managing meetings of the local government as chairperson, and any committee meetings for which the mayor is the chairperson, including managing the conduct of the participants at the meetings;

leading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government;

directing the chief executive officer of the local government under section 170;

conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example);

ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister;

being a member of each standing committee of the local government;

being the official spokesperson of the local government about local government matters;

representing the local government at ceremonial or civic functions.

A councillor who is not the mayor may perform the mayor’s extra responsibilities only if the mayor delegates the responsibility to the councillor.

To remove any doubt, it is declared that subsection (4)(g) does not prevent a councillor who is not the mayor from communicating with the community about local government matters other than as the official spokesperson of the local government.

When performing a responsibility, a councillor must serve the overall public interest of the whole local government area.